Supreme Court Releases Full Judgement On Gyakye Quayson
The Supreme Court (SC) has issued a 35-page document elaborating its decision on the ousted Member of Parliament for Assin North Constituency, Jame Gyakye Quayson.
The apex court on May 17 issued a ruling declaring the election of Mr Quayson null and void following a suit by Michael Ankomah-Nimfa, a resident of Assin Breku in the Central Region.
The resident challenged Quayson’s qualification to stand as an MP following allegations that he held dual citizenship prior to contesting the MP position.
The former MP, however, argued that he had renounced his Canadian citizenship before contesting the Assin North parliamentary seat.
The petitioner earlier secured a high court ruling in his favour, however, the decision of the court was appealed by Quayson.
After the Appeal Court dismissed his case, the petitioner went on to the Supreme Court for interpretation of Article 94(2) (a) and a declaration of his election unconstitutional.
Judgement
In its judgement, the court said the decision was based on the interpretation of Article 94(2) (a).
It holds that Mr Quayson was not qualified as of the time he picked nomination forms on October 5 to 9 2020. Further, it declares as unconstitutional, his contest in the election and subsequent swearing-in.
“A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 the decision of the 2nd Defendant to permit the 1st Defendant to contest the Parliamentary Elections in the Assin North Constituency when the 1st Defendant owed allegiance to a country other than Ghana is inconsistent with and violates Article 94(2)(a) of the Constitution, 1992 of the Republic of Ghana.
“A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the election of the 1st Defendant as Member of Parliament for Assin North Constituency was unconstitutional.
“A Declaration that upon a true and proper interpretation of Article 94(2) (a) of the Constitution, 1992 of the Republic of Ghana the swearing in of 1st defendant as Member of Parliament for the Assin North Constituency was unconstitutional, null and void and of no legal effect.”
Read the Full Statement Below:
